Does a landlord habitually taking a tenant’s rent lategive the tenant recourse during eviction?
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Does a landlord habitually taking a tenant’s rent lategive the tenant recourse during eviction?
I live in in an apartment and I have a 1 year lease. A few years ago I got laid off and have had to take a job for significantly less money and its been very hard for me to pay my rent on time. Every month from approximatelt the last 22 months until last month, I have paid my rent extremely late and they have always let me. I have paid to the penny every dime they wanted and have been appreciative of them letting me pay late. I always ask and make a payment arrangement to pay all my rent by a certain date and I have always paid what I said I would, when I said I would. This month the property manager will not accept the date (a date in the month I have use many many times through these years). She said she’s going to evict me. I understand that they are well within their rights to evict me, but I wonder if I have any recourse seeing as how they have accepted my late rent for so long?
Asked on July 14, 2011 under Real Estate Law, Louisiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally the terms of the written lease determines the time and method for rental payments. However, the terms for timing of payment could be considered changed by conduct of the landlord and the tenant if there is a record and evidence by the landlord in your case accepting rental payments after the date specified in your written lease.
For example if your lease states that rent is due by the 10th of each month, but for the past 4 months your landlord has allowed payment by you on the 15th of each month, accepted payment and deposited the check or money, an arguent could be made that the landlord has given up the requirement to be paid by the 10th of the month and now payment is due on the 15th.
However, under the above example, you would be hard pressed to argue that your landlord by his or her conduct has agreed to accept rental payments after the 15th of each month.
Perhaps you and the landlord can make some arrangements to allow you to remain in your unit by making weekly payments to catch up on any overdue rent?
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